In re the Estate of Isaacs

Hetherington, S.

The contestants appealed from a decree of the surrogate denying their petition for leave to withdraw their waivers and consents executed and filed by them in the probate proceeding. On appeal the decree was unanimously affirmed, with costs payable by the appellants personally (245 App. Div. 728). Proponents and two other respondents resisted the appeal and must be regarded as the successful parties. In view of the language of the order of affirmance only one bill of costs is allowable. (DeLamater v. Carman, 2 Daly, 182; Matter of City of New York, 129 App. Div. 929; Matter of…